State v. Baxter’s Empirical Analysis

Citation profile

112 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he jury could reasonably infer an intent to distribute from the amount of the substance found, the manner in which it was packaged and the presence of other packaging materials”

   2 later decisions quote this exact passage
   e.g. 264 N.C. App. 517 - State v. Miller · 257 N.C. App. 780 - State v. Coley

2. “As is true with reference to the possession of intoxicating liquor, an accused has possession of marijuana within the meaning of the Controlled Substances Act, G.S. Chapter 90, Art. V, when he has both the power and the intent to control its disposition or use, which power may be in him alone or in combination with another. Constructive possession is sufficient. Nothing else appearing, a man residing with his wife in an apartment, no one else residing or being present therein, may be deemed in con structive possession of marijuana located therein, notwithstanding the fact that he is temporarily absent from the apartment and his wife is present therein.”

   1 later decision quote this exact passage
   e.g. State v. McNeil

3. ““Defendant assigns as error the court’s instructions to the effect that defendant’s failure to testify was not to be considered against him. Although the instruction is meager and is not commended, we are constrained to hold that it meets minimum requirements. Ordinarily, it would seem better to give no instruction concerning a defendant’s failure to testify unless such an instruction is requested by defendant. [Citation omitted.]””

   1 later decision quote this exact passage
   e.g. State v. Caron